' QAISAR RASHID KHAN, J.---Through the instant appeal filed under section 54(3) of the Industrial Relations Act, 2008, the appellant has called in question the judgment dated 16.3.2010 passed by the learned Presiding Officer Labour Court, Bannu whereby the grievance petition filed by him was dismissed.
2. Brief facts of the case are that on 19.6.2007, the appellant filed a grievance petition under section 46 of the Industrial Relations Ordinance, 2002, challenging the office order dated 21.1.2005 vide which he had been terminated from service. The learned Presiding Officer Labour Court, Bannu dismissed the grievance petition of the appellant vide judgment dated 16.3.2010, hence the instant appeal.
3. At the very outset, the learned Standing Federal Counsel raised preliminary objection that both the grievance notice as well as the grievance petition filed by the appellant under section 46 of the Industrial Relations Ordinance, 2002 were time-barred, therefore, the same was rightly dismissed by the learned Presiding Officer, Labour Court.
4. Conversely, the learned counsel for the appellant argued that the grievance petition was well within time and the learned Court failed to appreciate the legal and factual position of the case and erred in dismissing the grievance petition.
5. Arguments heard and record perused.
6. To consider the submissions of the learned counsel for the parties, it is deemed appropriate to reproduce the provisions of section 46 of the Industrial Relations Ordinance, 2002 which are as under:-- "46. Redress of individual grievances.---(1) A worker may bring his grievance in respect of any right guaranteed or secured to him by or under any law or any award or settlement for the time being in force to the notice of his employer in writing, either himself or through his Shop Steward or Collective Bargaining Agent, within one month of the day on which cause of such grievance arises.
(2) Where a worker brings his grievance to the notice of an employer himself or through his Shop Steward or collective bargaining agent, the employer shall, within fifteen days of the grievance being brought to his notice, communicate his decision in writing to the worker.
(3) If an employer fails to communicate a decision within the period specified in sub-section (2) or if a worker is dissatisfied with such decision, the worker or Shop Steward may take the matter to his collective bargaining agent or the Labour Court, as the case may be, and where the matter is taken to the Labour Court, it shall give a decision within seven days from the date of the matter being brought before it as if such matter were an industrial dispute: ' Provided that a worker who desires to take the matter to the Labour Court, he shall do so within a period of two months from the date of the communication of the employer or, as the case may be, from the expiry of the period specified in subsection (2).
(4)
(5)
(6)
(7)
(8) .........................................
' The record reveals that after his involvement in a criminal case FIR No, 59, dated 25.6.2004 registered under sections 302/ 324/34, PPC, police station Basia Khel, Bannu, the appellant went into hiding till he was acquitted on 17.1.2006. During his absence from duty, he was issued notices by the respondent establishment. Finally he was issued notice through daily Pakistan dated 17.1.2005, where after his services were terminated on 22.1.2005. The appellant after his acquittal in a criminal case served a grievance notice to the respondents on 18.1.2006 long after he stipulated period of one month i,e, when cause of action accrued to him through the termination of his services on 22.1.2005 which too, was turned down. However, the appellant filed the grievance petition before the learned lower Court on 19.6.2007 much beyond the period of two months as contemplated under proviso to sub-section (3) of section 46 of the Industrial Relations Ordinance, 2002. The learned counsel for the appellant could not account for the delay caused in preferring the grievance notice as well as filing the grievance petition and thus the learned Presiding Officer, Labour Court rightly dismissed the grievance petition of the appellant.
7. For the reasons mentioned above, the instant appeal is hereby dismissed. Parties are left to bear their own costs.
Labour .